D is corrent because under tenancy in common, a deceased tenant’s interest in real property will pass to the individual named in a will if the deceased died testate (with a valid will), or to her legal heir(s) if she died intestate (without a valid will). Therefore, if Jane executed a valid will before her death, the interest in the property will pass to the person she designated in the will.
A is incorrect because Jane, as a cotenant in common, may convey her individual interest in her lifetime without her brother’s consent.
B is incorrect because Jane has an interest in real property, not personal property.
C is incorrect because tenancy in common, unlike joint tenancy, does not have the right of survivorship. If Jane and her brother had owned the property as joint tenants, upon Jane’s death the property would have passed to her brother by operation of law.
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